Page:United States Statutes at Large Volume 76A.djvu/635

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–539–

-539(b) If proof is made to the district judge or a magistrate that a defendant previously admitted to bail on a criminal charge is about to abscond, or that one or more of his bail are dead or insufficient, or have removed from the Canal Zone, the judge or magistrate shall require the defendant to give better security, or, for default thereof, cause him to be committed; and an order for his arrest may be indorsed on the former commitment, or a bench warrant for his arrest may be issued, setting forth the cause thereof. § 4702. Issuance and execution of bench w a r r a n t I n the district court, the bench warrant shall be issued by the clerk on order of the district judge. On application of the United States attorney, the clerk may issue additional warrants at any time after the order, whether the court is sitting or not. § 4703. Form and execution of bench w a r r a n t (a) A bench warrant issued under this subchapter shall recite generally the facts upon which it is founded, and direct that the defendant be arrested by any peace officer, and either brought before the court or committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until legally discharged. (b) The defendant may be arrested upon the bench warrant in the same manner as upon a warrant of arrest. § 4704. Comniitment or admission to bail (a) If the bench warrant recites as the ground upon which it is made the failure of the defendant to appear for judgment upon conviction, the defendant shall be committed according to the requirement of the warrant. (b) If the bench warrant is made for a cause other than failure to appear for judgment, the court may fix the amount of bail and cause a direction to be inserted in the warrant that the defendant be admitted to bail in the sum fixed, which shall be specified in the warrant. When the defendant is admitted to bail, the bail may be taken by a magistrate. C H A P T E R 225--SEARCH AND S E I Z U R E Sec. 4741. Search and seizure generally. 4742. Disposition of property. 4743. Search of defendant in presence of Judge or magistrate. § 4741. Search and seizure generally (a) Except as provided in this section, Rule 41 of the Federal Rules of Criminal Procedure applies to search and seizure in the Canal Zone in connection with offenses triable in either the district court or a magistrate's court. References in Rule 41 to a United States commissioner shall be deemed to refer to a magistrate. The reference in Rule 41(b)(1) to the laws of the United States includes this Code and any other law of the United States applicable in the Canal Zone. (b) I n any case, a search warrant authorized by Rule 41(a) of the Federal Rules of Criminal Procedure may be issued by the district judge or by a magistrate. (c) A search warrant may be directed to a peace officer, in addition to the officers designated by Rule 41 (c) of the Federal Rules of Criminal Procedure. (d) I n an action triable in a magistrate's court, a motion for return of property and to suppress evidence pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure shall be made before the magistrate who issued the search warrant or the magistrate before whom the trial is to be had or is being held, unless the search warrant was issued by the district judge and the motion is made before trial.